[Congressional Record (Bound Edition), Volume 163 (2017), Part 5]
[Senate]
[Pages 5979-5987]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself, Ms. Cantwell, Mr. Roberts, Ms. 
        Hirono, Mr. Blunt, Mr. Whitehouse, Mrs. Ernst, Ms. Heitkamp, 
        Mr. Thune, Mr. Udall, Mr. Heinrich, Mrs. Shaheen, Ms. 
        Klobuchar, Mr. Franken, Mr. Donnelly, and Mrs. Murray):
  S. 944. A bill to amend the Internal Revenue Code of 1986 to reform 
and extend the incentives for biodiesel; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I have long been a champion of domestic 
biofuel production, including ethanol, biodiesel and cellulosic fuels. 
Domestic biodiesel production supports tens of thousands of jobs. 
Replacing traditional diesel with biodiesel reduces emissions and 
creates cleaner air. Homegrown biodiesel improves our energy security 
by diversifying our transportation fuels and reducing our dependence on 
foreign oil. Biodiesel itself is a very diverse fuel. It can be 
produced from a wide array of resources such as recycled cooking oil, 
soybean and other plant oils, and animal fats.
  I am proud of the success of the American biodiesel industry, and I 
am glad to be introducing today the American Renewable Fuel and Job 
Creation Act of 2017, which will ensure the continued success. I 
appreciate Senator Cantwell's leadership in joining this effort. I also 
appreciate the support of Senators Roberts, Hirono, Blunt, Whitehouse, 
Ernst, Heitkamp, Thune, Udall, Heinrich, Shaheen, Klobuchar, Franken, 
Donnelly, and Murray. This bill will modify the biodiesel fuel 
blender's credit to a domestic production credit starting this year and 
extend the credit through 2020.
  Congress created the biodiesel tax incentive in 2005 when I was 
chairman of the Senate Finance Committee. As a result of this incentive 
and the Renewable Fuel Standard, biodiesel is providing significant 
benefits to the nation.
  Senator Cantwell and I have been advocating the mixture credit be 
modified to a producer credit since 2009. Converting to a producer 
credit improves the incentive in many ways. The blenders credit can be 
difficult to administer because the blending of the fuel can occur at 
many different stages of the fuel distribution. This can make it 
difficult to ensure that only fuel that qualifies for the credit claims 
the incentive. It has been susceptible to abuse because of this.
  A credit for domestic production will also ensure that we are 
incentivizing the domestic industry and associated American jobs, 
rather than subsidizing imported biofuels. A credit for domestic 
production will also ensure that we are incentivizing the domestic 
industry and associated American jobs, rather than subsidizing imported 
biofuels. Since 2014, we have seen imports increase from 510 million 
gallons to about 1 billion gallons in 2016, and already in the first 
quarter of 2017 imports are 10 percent higher than they were last year 
at this time.
  We should not provide a U.S. taxpayer benefit to imported biofuels. 
By restricting the credit to domestic production, we will also save 
taxpayer money. The nonpartisan Joint Committee on Taxation estimated a 
similar amendment adopted in the Finance Committee in 2015 would have 
reduced the cost of the extension by $90 million for 2016 alone.
  Importantly, modifying the credit will have little to no impact on 
the consumer. Much of the credit will continue to be passed on to the 
blender and ultimately, the consumer. Additionally, the U.S. biodiesel 
industry is currently operating at approximately 65 percent of 
capacity, which does not even account for idled capacity. The fact is, 
the domestic biodiesel industry has the capacity and access to 
affordable feedstocks to meet the demand of U.S. consumers.
  The current biodiesel credit expired at the end of 2016. Adoption of 
the American Renewable Fuel and Job Creation Act of 2017 should be 
strongly considered as part of tax reform efforts currently underway. 
Absent tax reform, Congress should include it as part of any tax 
legislation extending expired tax provisions.

[[Page 5980]]

  Modifying the current blenders credit to a producers credit will 
ensure that the credit is doing what Congress intended--incentivizing 
investment in domestic biodiesel production and promoting American 
jobs. Surely we can agree that we should not be providing a U.S. 
taxpayer subsidy to already heavily subsidized foreign biodiesel 
imports. I therefore urge my colleagues to support the production of 
American biodiesel and this commonsense, cost reduction reform.
                                 ______
                                 
      By Mr. CORNYN (for himself and Mr. Peters):
  S. 945. A bill to amend the Carl D. Perkins Career and Technical 
Education Act of 2006 to authorize funds to identify and eliminate 
excessive occupational licensure; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 945

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``New Hope and Opportunity 
     through the Power of Employment Act'' or the ``New HOPE 
     Act''.

     SEC. 2. STATE LEADERSHIP ACTIVITIES.

       Section 124(c) of the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2344(c)) is amended--
       (1) in paragraph (16)(B), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (17), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(18) consulting and coordinating with other State 
     agencies for the identification, consolidation, or 
     elimination of licenses or certifications which pose an 
     unnecessary barrier to entry for aspiring workers and provide 
     limited consumer protection.''.
                                 ______
                                 
      By Mr. FLAKE (for himself, Mr. McCain, Mr. Hatch, Mr. Cornyn, Mr. 
        Lee, Mr. Tillis, Ms. Murkowski, Mr. Tester, and Mr. Manchin):
  S. 946. A bill to require the Secretary of Veterans Affairs to hire 
additional Veterans Justice Outreach Specialists to provide treatment 
court services to justice-involved veterans, and for other purposes; to 
the Committee on Veterans' Affairs.
  Mr. FLAKE. Mr. President, Arizona is home to more than a half million 
veterans. They have served in every conflict from World War II to 
present-day operations in the Middle East. Nothing makes me prouder 
than to shake the hand of one of these veterans and to call them an 
Arizonan.
  Fortunately, many of these veterans have the support of friends and 
family, as well as their fellow veterans with whom they served, but far 
too many who have served our country lack a support system that can 
help them successfully make the transition back to civilian life.
  For those who have post-traumatic stress or traumatic brain injury, 
this could be particularly difficult. Studies have shown that veterans 
often do not seek out medical health treatment due to concerns about 
stigma, negative career prospects, lack of awareness, or logistical 
challenges in accessing care. For those who go without treatment, it 
can lead to substance abuse and, in some cases, run-ins with the law.
  While there is no justification for criminal behavior, it is 
important to recognize when certain actions may be symptomatic of the 
harrowing experiences a veteran has endured during years of service. 
This is something the criminal justice system often fails to deal with. 
By not providing treatment that actually addresses a veteran's 
underlying service-connected issues, our criminal justice system 
sometimes creates a vicious cycle. It overcriminalizes service-
connected mental illness, undertreats incarcerated veterans, and 
increases recidivism.
  To address the problem, the VA created the Veterans Justice Outreach 
Program in 2009. The program was established to remove veterans from 
the regular criminal justice process and to provide specially tailored 
treatments to address many of these underlying issues. These veterans 
treatment courts have a proven record of preventing initial 
incarceration and reducing recidivism.
  The lifeblood of the program is the veterans justice outreach 
specialists, VJO specialists, who link veterans to available court 
services. These outreach specialists identify veterans in jails and 
local courts, they assess their health status, and they help them 
develop the rehabilitation treatment program specific to each of their 
needs.
  I recently had the opportunity to observe the veterans docket and 
meet with some of these dedicated specialists while visiting the Mesa 
Municipal Court earlier this month. Let me tell you, there is no 
substitute for seeing this firsthand. Even though it is a courtroom 
setting, there is a comradery and collaboration that you don't see in 
traditional courtroom proceedings. I was amazed at how many 
organizations there are to help these veterans--to help them 
successfully transition and help them with treatment.
  The collaboration I am talking about comes from having a judge and 
hard-working staff who have served in the military themselves. They 
understand the hardship of multiple deployments for servicemembers and 
their families. They understand the mental and physical tolls of 
combat. They understand that the transition back to civilian life can 
mark the beginning of a new battle for veterans.
  The program has experienced remarkable success. The unfortunate 
reality is that the VA doesn't have enough outreach specialists to 
ensure access to already available treatment for justice-involved 
veterans. Demand for VJO specialists is outpacing the program's ability 
to serve eligible veterans. This means future veterans treatment courts 
can't be established, existing courts will go understaffed, and 
veterans will go unserved. That is not right.
  That is why today I am introducing the Veterans Treatment Court 
Improvement Act to ensure our veterans receive swift and appropriate 
access to justice. This legislation will provide 50 additional VJO 
specialists for veterans treatment courts nationwide. By increasing the 
number of dedicated specialists at these facilities, Congress can 
ensure that more veterans have access to the treatments they have 
earned with their service. This is bipartisan legislation. I will work 
to inform my colleagues about the need for this program and additional 
VJOs in the coming weeks and months.
                                 ______
                                 
      By Mr. DURBIN (for himself, Ms. Baldwin, Mr. Bennet, Mr. 
        Blumenthal, Mr. Booker, Mr. Franken, Mr. Heinrich, Mr. Leahy, 
        Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Peters, Mr. Reed, Mr. 
        Schatz, Ms. Stabenow, Ms. Warren, Mr. Whitehouse, Mr. Van 
        Hollen, and Mr. Menendez):
  S. 948. A bill to designate as wilderness certain Federal portions of 
the red rock canyons of the Colorado Plateau and the Great Basin 
Deserts in the State of Utah for the benefit of present and future 
generations of people in the United States; to the Committee on Energy 
and Natural Resources.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 948

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``America's 
     Red Rock Wilderness Act of 2017''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Grand Staircase-Escalante Wilderness Areas.
Sec. 103. Moab-La Sal Canyons Wilderness Areas.
Sec. 104. Henry Mountains Wilderness Areas.
Sec. 105. Glen Canyon Wilderness Areas.
Sec. 106. San Juan-Anasazi Wilderness Areas.

[[Page 5981]]

Sec. 107. Canyonlands Basin Wilderness Areas.
Sec. 108. San Rafael Swell Wilderness Areas.
Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas.

                  TITLE II--ADMINISTRATIVE PROVISIONS

Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Management of newly acquired land.
Sec. 209. Withdrawal.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Land 
     Management.
       (2) State.--The term ``State'' means the State of Utah.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

     SEC. 101. GREAT BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Great Basin region of western Utah is comprised of 
     starkly beautiful mountain ranges that rise as islands from 
     the desert floor;
       (2) the Wah Wah Mountains in the Great Basin region are 
     arid and austere, with massive cliff faces and leathery 
     slopes speckled with pinon and juniper;
       (3) the Pilot Range and Stansbury Mountains in the Great 
     Basin region are high enough to draw moisture from passing 
     clouds and support ecosystems found nowhere else on earth;
       (4) from bristlecone pine, the world's oldest living 
     organism, to newly flowered mountain meadows, mountains of 
     the Great Basin region are islands of nature that--
       (A) support remarkable biological diversity; and
       (B) provide opportunities to experience the colossal 
     silence of the Great Basin; and
       (5) the Great Basin region of western Utah should be 
     protected and managed to ensure the preservation of the 
     natural conditions of the region.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Antelope Range (approximately 17,000 acres).
       (2) Barn Hills (approximately 20,000 acres).
       (3) Black Hills (approximately 9,000 acres).
       (4) Bullgrass Knoll (approximately 15,000 acres).
       (5) Burbank Hills/Tunnel Spring (approximately 92,000 
     acres).
       (6) Conger Mountains (approximately 21,000 acres).
       (7) Crater Bench (approximately 35,000 acres).
       (8) Crater and Silver Island Mountains (approximately 
     121,000 acres).
       (9) Cricket Mountains Cluster (approximately 62,000 acres).
       (10) Deep Creek Mountains (approximately 126,000 acres).
       (11) Drum Mountains (approximately 39,000 acres).
       (12) Dugway Mountains (approximately 24,000 acres).
       (13) Essex Canyon (approximately 1,300 acres).
       (14) Fish Springs Range (approximately 64,000 acres).
       (15) Granite Peak (approximately 19,000 acres).
       (16) Grassy Mountains (approximately 23,000 acres).
       (17) Grouse Creek Mountains (approximately 15,000 acres).
       (18) House Range (approximately 201,000 acres).
       (19) Keg Mountains (approximately 38,000 acres).
       (20) Kern Mountains (approximately 15,000 acres).
       (21) King Top (approximately 110,000 acres).
       (22) Ledger Canyon (approximately 9,000 acres).
       (23) Little Goose Creek (approximately 1,200 acres).
       (24) Middle/Granite Mountains (approximately 80,000 acres).
       (25) Mount Escalante (approximately 18,000 acres).
       (26) Mountain Home Range (approximately 90,000 acres).
       (27) Newfoundland Mountains (approximately 22,000 acres).
       (28) Ochre Mountain (approximately 13,000 acres).
       (29) Oquirrh Mountains (approximately 9,000 acres).
       (30) Painted Rock Mountain (approximately 26,000 acres).
       (31) Paradise/Steamboat Mountains (approximately 144,000 
     acres).
       (32) Pilot Range (approximately 45,000 acres).
       (33) Red Tops (approximately 28,000 acres).
       (34) Rockwell-Little Sahara (approximately 21,000 acres).
       (35) San Francisco Mountains (approximately 39,000 acres).
       (36) Sand Ridge (approximately 73,000 acres).
       (37) Simpson Mountains (approximately 42,000 acres).
       (38) Snake Valley (approximately 100,000 acres).
       (39) Spring Creek Canyon (approximately 4,000 acres).
       (40) Stansbury Island (approximately 10,000 acres).
       (41) Stansbury Mountains (approximately 24,000 acres).
       (42) Thomas Range (approximately 36,000 acres).
       (43) Tule Valley (approximately 159,000 acres).
       (44) Wah Wah Mountains (approximately 167,000 acres).
       (45) Wasatch/Sevier Plateaus (approximately 29,000 acres).
       (46) White Rock Range (approximately 5,200 acres).

     SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.

       (a) Grand Staircase Area.--
       (1) Findings.--Congress finds that--
       (A) the area known as the Grand Staircase rises more than 
     6,000 feet in a series of great cliffs and plateaus from the 
     depths of the Grand Canyon to the forested rim of Bryce 
     Canyon;
       (B) the Grand Staircase--
       (i) spans 6 major life zones, from the lower Sonoran Desert 
     to the alpine forest; and
       (ii) encompasses geologic formations that display 
     3,000,000,000 years of Earth's history;
       (C) land managed by the Secretary lines the intricate 
     canyon system of the Paria River and forms a vital natural 
     corridor connection to the deserts and forests of those 
     national parks;
       (D) land described in paragraph (2) (other than East of 
     Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point, 
     and Vermillion Cliffs) is located within the Grand Staircase-
     Escalante National Monument; and
       (E) the Grand Staircase in Utah should be protected and 
     managed as a wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Bryce View (approximately 4,500 acres).
       (B) Bunting Point (approximately 11,000 acres).
       (C) Canaan Mountain (approximately 16,000 acres in Kane 
     County).
       (D) Canaan Peak Slopes (approximately 2,300 acres).
       (E) East of Bryce (approximately 750 acres).
       (F) Glass Eye Canyon (approximately 24,000 acres).
       (G) Ladder Canyon (approximately 14,000 acres).
       (H) Moquith Mountain (approximately 16,000 acres).
       (I) Nephi Point (approximately 14,000 acres).
       (J) Orderville Canyon (approximately 9,200 acres).
       (K) Paria-Hackberry (approximately 188,000 acres).
       (L) Paria Wilderness Expansion (approximately 3,300 acres).
       (M) Parunuweap Canyon (approximately 43,000 acres).
       (N) Pine Hollow (approximately 11,000 acres).
       (O) Slopes of Bryce (approximately 2,600 acres).
       (P) Timber Mountain (approximately 51,000 acres).
       (Q) Upper Kanab Creek (approximately 49,000 acres).
       (R) Vermillion Cliffs (approximately 26,000 acres).
       (S) Willis Creek (approximately 21,000 acres).
       (b) Kaiparowits Plateau.--
       (1) Findings.--Congress finds that--
       (A) the Kaiparowits Plateau east of the Paria River is one 
     of the most rugged and isolated wilderness regions in the 
     United States;
       (B) the Kaiparowits Plateau, a windswept land of harsh 
     beauty, contains distant vistas and a remarkable variety of 
     plant and animal species;
       (C) ancient forests, an abundance of big game animals, and 
     22 species of raptors thrive undisturbed on the grassland 
     mesa tops of the Kaiparowits Plateau;
       (D) each of the areas described in paragraph (2) (other 
     than Heaps Canyon, Little Valley, and Wide Hollow) is located 
     within the Grand Staircase-Escalante National Monument; and
       (E) the Kaiparowits Plateau should be protected and managed 
     as a wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Andalex Not (approximately 18,000 acres).
       (B) The Blues (approximately 21,000 acres).
       (C) Box Canyon (approximately 2,800 acres).
       (D) Burning Hills (approximately 80,000 acres).
       (E) Carcass Canyon (approximately 83,000 acres).
       (F) The Cockscomb (approximately 11,000 acres).

[[Page 5982]]

       (G) Fiftymile Bench (approximately 12,000 acres).
       (H) Fiftymile Mountain (approximately 203,000 acres).
       (I) Heaps Canyon (approximately 4,000 acres).
       (J) Horse Spring Canyon (approximately 31,000 acres).
       (K) Kodachrome Headlands (approximately 10,000 acres).
       (L) Little Valley Canyon (approximately 4,000 acres).
       (M) Mud Spring Canyon (approximately 65,000 acres).
       (N) Nipple Bench (approximately 32,000 acres).
       (O) Paradise Canyon-Wahweap (approximately 262,000 acres).
       (P) Rock Cove (approximately 16,000 acres).
       (Q) Warm Creek (approximately 23,000 acres).
       (R) Wide Hollow (approximately 6,800 acres).
       (c) Escalante Canyons.--
       (1) Findings.--Congress finds that--
       (A) glens and coves carved in massive sandstone cliffs, 
     spring-watered hanging gardens, and the silence of ancient 
     Anasazi ruins are examples of the unique features that entice 
     hikers, campers, and sightseers from around the world to 
     Escalante Canyon;
       (B) Escalante Canyon links the spruce fir forests of the 
     11,000-foot Aquarius Plateau with winding slickrock canyons 
     that flow into Glen Canyon;
       (C) Escalante Canyon, one of Utah's most popular natural 
     areas, contains critical habitat for deer, elk, and wild 
     bighorn sheep that also enhances the scenic integrity of the 
     area;
       (D) each of the areas described in paragraph (2) is located 
     within the Grand Staircase-Escalante National Monument; and
       (E) Escalante Canyon should be protected and managed as a 
     wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Brinkerhof Flats (approximately 3,000 acres).
       (B) Colt Mesa (approximately 28,000 acres).
       (C) Death Hollow (approximately 49,000 acres).
       (D) Forty Mile Gulch (approximately 6,600 acres).
       (E) Hurricane Wash (approximately 9,000 acres).
       (F) Lampstand (approximately 7,900 acres).
       (G) Muley Twist Flank (approximately 3,600 acres).
       (H) North Escalante Canyons (approximately 176,000 acres).
       (I) Pioneer Mesa (approximately 11,000 acres).
       (J) Scorpion (approximately 53,000 acres).
       (K) Sooner Bench (approximately 390 acres).
       (L) Steep Creek (approximately 35,000 acres).
       (M) Studhorse Peaks (approximately 24,000 acres).

     SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the canyons surrounding the La Sal Mountains and the 
     town of Moab offer a variety of extraordinary landscapes;
       (2) outstanding examples of natural formations and 
     landscapes in the Moab-La Sal area include the huge sandstone 
     fins of Behind the Rocks, the mysterious Fisher Towers, and 
     the whitewater rapids of Westwater Canyon; and
       (3) the Moab-La Sal area should be protected and managed as 
     a wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Arches Adjacent (approximately 12,000 acres).
       (2) Beaver Creek (approximately 41,000 acres).
       (3) Behind the Rocks and Hunters Canyon (approximately 
     22,000 acres).
       (4) Big Triangle (approximately 20,000 acres).
       (5) Coyote Wash (approximately 28,000 acres).
       (6) Dome Plateau-Professor Valley (approximately 35,000 
     acres).
       (7) Fisher Towers (approximately 18,000 acres).
       (8) Goldbar Canyon (approximately 9,000 acres).
       (9) Granite Creek (approximately 5,000 acres).
       (10) Mary Jane Canyon (approximately 25,000 acres).
       (11) Mill Creek (approximately 14,000 acres).
       (12) Porcupine Rim and Morning Glory (approximately 20,000 
     acres).
       (13) Renegade Point (approximately 6,600 acres).
       (14) Westwater Canyon (approximately 37,000 acres).
       (15) Yellow Bird (approximately 4,200 acres).

     SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Henry Mountain Range, the last mountain range to be 
     discovered and named by early explorers in the contiguous 
     United States, still retains a wild and undiscovered quality;
       (2) fluted badlands that surround the flanks of 11,000-foot 
     Mounts Ellen and Pennell contain areas of critical habitat 
     for mule deer and for the largest herd of free-roaming 
     buffalo in the United States;
       (3) despite their relative accessibility, the Henry 
     Mountain Range remains one of the wildest, least-known ranges 
     in the United States; and
       (4) the Henry Mountain range should be protected and 
     managed to ensure the preservation of the range as a 
     wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Bull Mountain (approximately 16,000 acres).
       (2) Bullfrog Creek (approximately 35,000 acres).
       (3) Dogwater Creek (approximately 3,400 acres).
       (4) Fremont Gorge (approximately 20,000 acres).
       (5) Long Canyon (approximately 16,000 acres).
       (6) Mount Ellen-Blue Hills (approximately 140,000 acres).
       (7) Mount Hillers (approximately 21,000 acres).
       (8) Mount Pennell (approximately 147,000 acres).
       (9) Notom Bench (approximately 6,200 acres).
       (10) Oak Creek (approximately 1,700 acres).
       (11) Ragged Mountain (approximately 28,000 acres).

     SEC. 105. GLEN CANYON WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the side canyons of Glen Canyon, including the Dirty 
     Devil River and the Red, White and Blue Canyons, contain some 
     of the most remote and outstanding landscapes in southern 
     Utah;
       (2) the Dirty Devil River, once the fortress hideout of 
     outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of 
     slickrock canyons through an imposing landscape of monoliths 
     and inaccessible mesas;
       (3) the Red and Blue Canyons contain colorful Chinle/
     Moenkopi badlands found nowhere else in the region; and
       (4) the canyons of Glen Canyon in the State should be 
     protected and managed as wilderness areas.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Cane Spring Desert (approximately 18,000 acres).
       (2) Dark Canyon (approximately 134,000 acres).
       (3) Dirty Devil (approximately 242,000 acres).
       (4) Fiddler Butte (approximately 92,000 acres).
       (5) Flat Tops (approximately 30,000 acres).
       (6) Little Rockies (approximately 64,000 acres).
       (7) The Needle (approximately 11,000 acres).
       (8) Red Rock Plateau (approximately 213,000 acres).
       (9) White Canyon (approximately 98,000 acres).

     SEC. 106. SAN JUAN-ANASAZI WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) more than 1,000 years ago, the Anasazi Indian culture 
     flourished in the slickrock canyons and on the pinon-covered 
     mesas of southeastern Utah;
       (2) evidence of the ancient presence of the Anasazi 
     pervades the Cedar Mesa area of the San Juan-Anasazi area 
     where cliff dwellings, rock art, and ceremonial kivas 
     embellish sandstone overhangs and isolated benchlands;
       (3) the Cedar Mesa area is in need of protection from the 
     vandalism and theft of its unique cultural resources;
       (4) the Cedar Mesa wilderness areas should be created to 
     protect both the archaeological heritage and the 
     extraordinary wilderness, scenic, and ecological values of 
     the United States; and
       (5) the San Juan-Anasazi area should be protected and 
     managed as a wilderness area to ensure the preservation of 
     the unique and valuable resources of that area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Allen Canyon (approximately 5,900 acres).
       (2) Arch Canyon (approximately 30,000 acres).
       (3) Comb Ridge (approximately 15,000 acres).
       (4) East Montezuma (approximately 45,000 acres).
       (5) Fish and Owl Creek Canyons (approximately 73,000 
     acres).
       (6) Grand Gulch (approximately 159,000 acres).
       (7) Hammond Canyon (approximately 4,400 acres).
       (8) Nokai Dome (approximately 93,000 acres).
       (9) Road Canyon (approximately 63,000 acres).

[[Page 5983]]

       (10) San Juan River (Sugarloaf) (approximately 15,000 
     acres).
       (11) The Tabernacle (approximately 7,000 acres).
       (12) Valley of the Gods (approximately 21,000 acres).

     SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) Canyonlands National Park safeguards only a small 
     portion of the extraordinary red-hued, cliff-walled 
     canyonland region of the Colorado Plateau;
       (2) areas near Arches National Park and Canyonlands 
     National Park contain canyons with rushing perennial streams, 
     natural arches, bridges, and towers;
       (3) the gorges of the Green and Colorado Rivers lie on 
     adjacent land managed by the Secretary;
       (4) popular overlooks in Canyonlands Nations Park and Dead 
     Horse Point State Park have views directly into adjacent 
     areas, including Lockhart Basin and Indian Creek; and
       (5) designation of those areas as wilderness would ensure 
     the protection of this erosional masterpiece of nature and of 
     the rich pockets of wildlife found within its expanded 
     boundaries.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Bridger Jack Mesa (approximately 33,000 acres).
       (2) Butler Wash (approximately 27,000 acres).
       (3) Dead Horse Cliffs (approximately 5,300 acres).
       (4) Demon's Playground (approximately 3,700 acres).
       (5) Duma Point (approximately 14,000 acres).
       (6) Gooseneck (approximately 9,000 acres).
       (7) Hatch Point Canyons/Lockhart Basin (approximately 
     149,000 acres).
       (8) Horsethief Point (approximately 15,000 acres).
       (9) Indian Creek (approximately 28,000 acres).
       (10) Labyrinth Canyon (approximately 150,000 acres).
       (11) San Rafael River (approximately 101,000 acres).
       (12) Shay Mountain (approximately 14,000 acres).
       (13) Sweetwater Reef (approximately 69,000 acres).
       (14) Upper Horseshoe Canyon (approximately 60,000 acres).

     SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the San Rafael Swell towers above the desert like a 
     castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
       (2) the highlands of the San Rafael Swell have been 
     fractured by uplift and rendered hollow by erosion over 
     countless millennia, leaving a tremendous basin punctuated by 
     mesas, buttes, and canyons and traversed by sediment-laden 
     desert streams;
       (3) among other places, the San Rafael wilderness offers 
     exceptional back country opportunities in the colorful Wild 
     Horse Badlands, the monoliths of North Caineville Mesa, the 
     rock towers of Cliff Wash, and colorful cliffs of Humbug 
     Canyon;
       (4) the mountains within these areas are among Utah's most 
     valuable habitat for desert bighorn sheep; and
       (5) the San Rafael Swell area should be protected and 
     managed to ensure its preservation as a wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Cedar Mountain (approximately 15,000 acres).
       (2) Devils Canyon (approximately 23,000 acres).
       (3) Eagle Canyon (approximately 38,000 acres).
       (4) Factory Butte (approximately 22,000 acres).
       (5) Hondu Country (approximately 20,000 acres).
       (6) Jones Bench (approximately 2,800 acres).
       (7) Limestone Cliffs (approximately 25,000 acres).
       (8) Lost Spring Wash (approximately 37,000 acres).
       (9) Mexican Mountain (approximately 100,000 acres).
       (10) Molen Reef (approximately 33,000 acres).
       (11) Muddy Creek (approximately 240,000 acres).
       (12) Mussentuchit Badlands (approximately 25,000 acres).
       (13) Pleasant Creek Bench (approximately 1,100 acres).
       (14) Price River-Humbug (approximately 120,000 acres).
       (15) Red Desert (approximately 40,000 acres).
       (16) Rock Canyon (approximately 18,000 acres).
       (17) San Rafael Knob (approximately 15,000 acres).
       (18) San Rafael Reef (approximately 114,000 acres).
       (19) Sids Mountain (approximately 107,000 acres).
       (20) Upper Muddy Creek (approximately 19,000 acres).
       (21) Wild Horse Mesa (approximately 92,000 acres).

     SEC. 109. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Book Cliffs and Uinta Basin wilderness areas 
     offer--
       (A) unique big game hunting opportunities in verdant high-
     plateau forests;
       (B) the opportunity for float trips of several days 
     duration down the Green River in Desolation Canyon; and
       (C) the opportunity for calm water canoe weekends on the 
     White River;
       (2) the long rampart of the Book Cliffs bounds the area on 
     the south, while seldom-visited uplands, dissected by the 
     rivers and streams, slope away to the north into the Uinta 
     Basin;
       (3) bears, Bighorn sheep, cougars, elk, and mule deer 
     flourish in the back country of the Book Cliffs; and
       (4) the Book Cliffs and Uinta Basin areas should be 
     protected and managed to ensure the protection of the areas 
     as wilderness.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Bourdette Draw (approximately 15,000 acres).
       (2) Bull Canyon (approximately 2,800 acres).
       (3) Chipeta (approximately 95,000 acres).
       (4) Dead Horse Pass (approximately 8,000 acres).
       (5) Desbrough Canyon (approximately 13,000 acres).
       (6) Desolation Canyon (approximately 555,000 acres).
       (7) Diamond Breaks (approximately 9,000 acres).
       (8) Diamond Canyon (approximately 166,000 acres).
       (9) Diamond Mountain (also known as ``Wild Mountain'') 
     (approximately 27,000 acres).
       (10) Dinosaur Adjacent (approximately 10,000 acres).
       (11) Goslin Mountain (approximately 4,900 acres).
       (12) Hideout Canyon (approximately 12,000 acres).
       (13) Lower Bitter Creek (approximately 14,000 acres).
       (14) Lower Flaming Gorge (approximately 21,000 acres).
       (15) Mexico Point (approximately 15,000 acres).
       (16) Moonshine Draw (also known as ``Daniels Canyon'') 
     (approximately 10,000 acres).
       (17) Mountain Home (approximately 9,000 acres).
       (18) O-Wi-Yu-Kuts (approximately 13,000 acres).
       (19) Red Creek Badlands (approximately 3,600 acres).
       (20) Seep Canyon (approximately 21,000 acres).
       (21) Sunday School Canyon (approximately 18,000 acres).
       (22) Survey Point (approximately 8,000 acres).
       (23) Turtle Canyon (approximately 39,000 acres).
       (24) White River (approximately 23,000 acres).
       (25) Winter Ridge (approximately 38,000 acres).
       (26) Wolf Point (approximately 15,000 acres).

                  TITLE II--ADMINISTRATIVE PROVISIONS

     SEC. 201. GENERAL PROVISIONS.

       (a) Names of Wilderness Areas.--Each wilderness area named 
     in title I shall--
       (1) consist of the quantity of land referenced with respect 
     to that named area, as generally depicted on the map entitled 
     ``Utah BLM Wilderness''; and
       (2) be known by the name given to it in title I.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area designated by this 
     Act with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in the map and legal 
     description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the Office of the Director of the 
     Bureau of Land Management.

     SEC. 202. ADMINISTRATION.

       Subject to valid rights in existence on the date of 
     enactment of this Act, each wilderness area designated under 
     this Act shall be administered by the Secretary in accordance 
     with--
       (1) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and

[[Page 5984]]

       (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.

       (a) In General.--Subject to subsection (b), if State-owned 
     land is included in an area designated by this Act as a 
     wilderness area, the Secretary shall offer to exchange land 
     owned by the United States in the State of approximately 
     equal value in accordance with section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) 
     and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
       (b) Mineral Interests.--The Secretary shall not transfer 
     any mineral interests under subsection (a) unless the State 
     transfers to the Secretary any mineral interests in land 
     designated by this Act as a wilderness area.

     SEC. 204. WATER.

       (a) Reservation.--
       (1) Water for wilderness areas.--
       (A) In general.--With respect to each wilderness area 
     designated by this Act, Congress reserves a quantity of water 
     determined by the Secretary to be sufficient for the 
     wilderness area.
       (B) Priority date.--The priority date of a right reserved 
     under subparagraph (A) shall be the date of enactment of this 
     Act.
       (2) Protection of rights.--The Secretary and other officers 
     and employees of the United States shall take any steps 
     necessary to protect the rights reserved by paragraph (1)(A), 
     including the filing of a claim for the quantification of the 
     rights in any present or future appropriate stream 
     adjudication in the courts of the State--
       (A) in which the United States is or may be joined; and
       (B) that is conducted in accordance with section 208 of the 
     Department of Justice Appropriation Act, 1953 (66 Stat. 560, 
     chapter 651).
       (b) Prior Rights Not Affected.--Nothing in this Act 
     relinquishes or reduces any water rights reserved or 
     appropriated by the United States in the State on or before 
     the date of enactment of this Act.
       (c) Administration.--
       (1) Specification of rights.--The Federal water rights 
     reserved by this Act are specific to the wilderness areas 
     designated by this Act.
       (2) No precedent established.--Nothing in this Act related 
     to reserved Federal water rights--
       (A) shall establish a precedent with regard to any future 
     designation of water rights; or
       (B) shall affect the interpretation of any other Act or any 
     designation made under any other Act.

     SEC. 205. ROADS.

       (a) Setbacks.--
       (1) Measurement in general.--A setback under this section 
     shall be measured from the center line of the road.
       (2) Wilderness on 1 side of roads.--Except as provided in 
     subsection (b), a setback for a road with wilderness on only 
     1 side shall be set at--
       (A) 300 feet from a paved Federal or State highway;
       (B) 100 feet from any other paved road or high standard 
     dirt or gravel road; and
       (C) 30 feet from any other road.
       (3) Wilderness on both sides of roads.--Except as provided 
     in subsection (b), a setback for a road with wilderness on 
     both sides (including cherry-stems or roads separating 2 
     wilderness units) shall be set at--
       (A) 200 feet from a paved Federal or State highway;
       (B) 40 feet from any other paved road or high standard dirt 
     or gravel road; and
       (C) 10 feet from any other roads.
       (b) Setback Exceptions.--
       (1) Well-defined topographical barriers.--If, between the 
     road and the boundary of a setback area described in 
     paragraph (2) or (3) of subsection (a), there is a well-
     defined cliff edge, stream bank, or other topographical 
     barrier, the Secretary shall use the barrier as the 
     wilderness boundary.
       (2) Fences.--If, between the road and the boundary of a 
     setback area specified in paragraph (2) or (3) of subsection 
     (a), there is a fence running parallel to a road, the 
     Secretary shall use the fence as the wilderness boundary if, 
     in the opinion of the Secretary, doing so would result in a 
     more manageable boundary.
       (3) Deviations from setback areas.--
       (A) Exclusion of disturbances from wilderness boundaries.--
     In cases where there is an existing livestock development, 
     dispersed camping area, borrow pit, or similar disturbance 
     within 100 feet of a road that forms part of a wilderness 
     boundary, the Secretary may delineate the boundary so as to 
     exclude the disturbance from the wilderness area.
       (B) Limitation on exclusion of disturbances.--The Secretary 
     shall make a boundary adjustment under subparagraph (A) only 
     if the Secretary determines that doing so is consistent with 
     wilderness management goals.
       (C) Deviations restricted to minimum necessary.--Any 
     deviation under this paragraph from the setbacks required 
     under in paragraph (2) or (3) of subsection (a) shall be the 
     minimum necessary to exclude the disturbance.
       (c) Delineation Within Setback Area.--The Secretary may 
     delineate a wilderness boundary at a location within a 
     setback under paragraph (2) or (3) of subsection (a) if, as 
     determined by the Secretary, the delineation would enhance 
     wilderness management goals.

     SEC. 206. LIVESTOCK.

       Within the wilderness areas designated under title I, the 
     grazing of livestock authorized on the date of enactment of 
     this Act shall be permitted to continue subject to such 
     reasonable regulations and procedures as the Secretary 
     considers necessary, as long as the regulations and 
     procedures are consistent with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) section 101(f) of the Arizona Desert Wilderness Act of 
     1990 (Public Law 101-628; 104 Stat. 4469).

     SEC. 207. FISH AND WILDLIFE.

       Nothing in this Act affects the jurisdiction of the State 
     with respect to wildlife and fish on the public land located 
     in the State.

     SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LAND.

       Any land within the boundaries of a wilderness area 
     designated under this Act that is acquired by the Federal 
     Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this Act and other laws 
     applicable to wilderness areas.

     SEC. 209. WITHDRAWAL.

       Subject to valid rights existing on the date of enactment 
     of this Act, the Federal land referred to in title I is 
     withdrawn from all forms of--
       (1) entry, appropriation, or disposal under public law;
       (2) location, entry, and patent under mining law; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

  Mr. DURBIN. Mr. President, 20 years ago, when I was elected to the 
U.S. Senate, a group of people came to me and asked me to sponsor a 
bill. It was a bill that had been sponsored many times by Senator Bill 
Bradley of New Jersey. He retired shortly before I arrived.
  The bill related to the Utah wilderness. I remember saying to those 
who approached me: This isn't my State. It is the State of Utah.
  They said: This is a bill which we are having some controversy with 
when it comes to the Utah congressional delegation.
  Secondly, I said: It is a wilderness bill about a part of the world 
that I have never seen. I don't feel right introducing it.
  They said: Why don't you come out and look at it?
  I did just a few weeks later. My wife and I went and took a look at 
the Red Rocks Wilderness area in Utah. I will tell you, initially, as a 
midwesterner, when I looked at the stark landscape, I looked around 
thinking, what are we trying to preserve here? I took a closer look, 
which everyone should, and found a unique part of America--a wilderness 
area which can't be found anywhere else and a wilderness area which 
boasts archeological and historic and environmental significance way 
beyond what many people in the rest of the lower 48 might appreciate.
  Today, I am reintroducing the America's Red Rock Wilderness Act. It 
would safeguard 9.2 million acres of Park Bureau Land Management land 
in Utah as wilderness--some of the last great wild places in the lower 
48.
  Throughout my time in the Senate, I have worked with the committed 
volunteers of the Utah Wilderness Coalition to protect the stunning, 
fragile desert landscape. These unique lands are rich in archeological 
resources and provide a habitat for rare plants and species. They offer 
unparalleled research, educational, and recreational opportunities for 
scientists, teachers, outdoor enthusiasts, and families.
  The Bureau of Land Management has confirmed that the vast majority of 
the majority of the lands meet the qualifications for a wilderness 
designation. However, despite their pristine condition and their 
historical significance, these lands are threatened by oil and gas 
development, as well as rampant off-road vehicle use.
  Although these activities are appropriate in some places, they don't 
belong in such a fragile landscape. Designating these lands as 
wilderness would safeguard wildlife, protect ancestral lands, help 
mitigate climate change, and provide access to future generations of 
hunters, anglers, hikers, boaters, and lovers of the natural world.

[[Page 5985]]

  Last December, President Obama took an important step in protecting 
some of Southern Utah's fragile lands by designating the Bears Ears 
National Monument, which contains some of the lands that would be 
protected by my Red Rocks bill.
  The 1.35 million-acre swath of land covers forested mesas and red 
rock canyons, and the designation protected the region's abundant 
Native American cultural resources. The monument contains well over 
100,000 cultural and archeological sites. Let me say that again. Over 
100,000 cultural and archeological sites, including ancient cliff 
dwellings, granaries, burial sites, and kivas, as well as spectacular 
pictographs and petroglyphs strewn upon rock walls and boulders all 
across the region.
  Artifacts range from 700 to 12,000 years old, providing tribes with 
an incredible insight into the shared history of their ancestral 
homeland, bolstering their deep spiritual connection to the land 
itself.
  The Bears Ears National Monument, designated by President Obama, is 
the first monument of its kind to be proposed and advocated by a united 
coalition of five Tribes who sought its protection because of its 
importance in their respective culture. In total, 30 Native American 
tribes with ancestral, historical, and contemporary ties to the Bears 
Ears region supported the designation.
  The Tribal coalition's original Bears Ears proposal was 1.9 million 
acres. You see them here. It is slightly larger than the 1.35 million-
acre designation by President Obama.
  Many in the Utah delegation, including one of my colleagues in the 
Senate, have raised concerns about President Obama's decision to 
protect this area and even the size of the designation. One of the 
critics of the size of the designation is the chairman of the House 
Natural Resources Committee, Rob Bishop.
  Last Congress, before President Obama designated the Bears Ears 
region a national monument, the same Chairman Bishop introduced a bill 
that would have protected part of the Bears Ears region while opening 
other areas of land for oil and gas development.
  Look at the two here in comparison. Chairman Bishop's proposal 
protected 1.28 million acres--only 17,500 acres smaller than the area 
protected by President Obama.
  As you can see from these maps, the areas protected by Chairman 
Bishop's Public Lands Initiative are not that much different than the 
areas protected by the Bears Ears National Monument. To argue that the 
designation is so much larger than anyone anticipated is to ignore what 
the chairman submitted in his own legislation last year. Both are much 
smaller than what the Tribes originally requested, which is the third 
map here.
  Despite that, Utah's congressional delegation has called the area 
``well beyond the areas in need of protection'' and they pushed 
President Trump to consider shrinking or overturning this wilderness 
monument designation. Yet Utah's Salt Lake Tribune called Utah 
politicians' determination to rescind these designations ``blindness.''
  Let me quote the Salt Lake Tribune:

       That blindness can be sourced to Utah's one-party political 
     system that has given us leaders who are out of touch with 
     their constituents.

  They then continue and say:

       The Bears Ears monument may be with us forever, and there 
     is no bucket of gold waiting if it does go away. The 
     presidential proclamation bent far toward the same boundaries 
     and shared management [Utah Rep. Rob] Bishop pursued with his 
     public lands initiative.

  They saw the same maps and said: Why is this acceptable and this 
objectionable?
  Today, President Trump is planning to sign an Executive order. It is 
going to call on the Department of Interior to review previous national 
monument designations under the Antiquities Act.
  While the President's Executive order will target the Bears Ears 
National Monument first, the order is going to go well beyond Utah and 
consider changes to all of the national monuments that have been 
designated since 1996--more than 50 different sites.
  These are areas designated ``national monument protected areas'' by 
Republican and Democratic Presidents with bipartisan support. Yet 
President Trump is going to insist with his new order that he can 
review and change every single one of them.
  Let me tell you the list of places and sites of great cultural 
significance that could be impacted: A portion of Sequoia National 
Forest in California, Harriet Tubman Underground Railroad National 
Historic Park in Maryland, African Burial Ground National Monument in 
New York, and in my home State of Illinois, the Pullman National 
Monument.
  It is rare for any national monument designation to be changed by 
another President. It happened once. The last time a President used the 
Antiquities Act to adjust the borders of a national monument was over a 
century ago, in 1915. Then-President Woodrow Wilson shrunk Washington 
State's Mount Olympus National Monument so they could harvest more 
timber resources from this land.
  A lot has changed since 1915, including our views on conservation. 
Attacks on conservation seem to have remained consistent. One of our 
greatest conservation Presidents, Teddy Roosevelt--a proud Republican, 
I might add--faced a great deal of opposition to his designation of a 
national monument that most of us are familiar with--the Grand Canyon.
  Most Americans can't imagine our country without the iconic Grand 
Canyon because it is truly a national treasure. At the time of its 1908 
designation by President Roosevelt, groups were opposed to protecting 
that area. For years after its designation, oil and gas miners fought 
additional protections for the Grand Canyon.
  The attacks on the Bears Ears designation doesn't seem all that 
different from the attacks on the Grand Canyon, but the attacks on the 
Bears Ears National Monument also attack the Native people who have 
worked so hard to get this area protected.
  Let's be very honest. When we look at how Native Americans were 
treated by our government and the settlers, we certainly look back with 
some shame and some embarrassment. What the Tribes are asking for here 
is a protection of areas that are of special significance to them and 
special significance to the environmental legacy, which we should be 
leaving to future generations.
  The President's decision to review these national monuments puts the 
future of these resources in jeopardy and threatens our culture, 
history, and heritage. If President Donald Trump decides to use the 
Antiquities Act to reverse one of these monuments, he would treading in 
uncharted water. Never before has a President used the Antiquities Act 
to repeal a national monument. For what purpose? For oil and gas 
exploration? For off-the-road vehicle use?
  These monuments themselves help promote tourism and outdoor 
recreation. Regions with national monuments saw increased employment 
and personal income growth--exactly the opposite of what the critics 
promised. Specifically, rural counties in the West, with protected 
lands, saw jobs increase by 345 percent over areas without protected 
lands--345 percent. Despite the opposition from Utah's elected 
officials, many in the State, including the Tribes, want to protect 
those areas, and I want to help them.
  Teddy Roosevelt once said:

       It is also vandalism wantonly to destroy or to permit the 
     destruction of what is beautiful in nature, whether it be a 
     cliff, a forest, or a species of mammal or bird. Here in the 
     United States we turn our rivers and streams into sewers and 
     dumping-grounds, we pollute the air, we destroy forests, and 
     exterminate fishes, birds, and mammals--not to speak of 
     vulgarizing charming landscapes with hideous advertisements. 
     But at last it looks as if our people were awakened.

  That was said by that Republican President over a century ago. Since 
Teddy Roosevelt's time, we have made progress in protecting our lands 
and waters, but these recent attacks and this recent Executive order by 
President Donald Trump show that we still have a long way to go.
  I urge this administration, this Republican administration, to heed 
the

[[Page 5986]]

words of Teddy Roosevelt. Carefully consider the legacy they will leave 
to future generations. It would be foolish not to protect Bears Ears 
and other monuments, just as it would have been foolish to listen to 
the critics and refuse to protect the Grand Canyon.
  These monuments are for all of us, and we must ensure that they 
remain in their current natural condition for future generations to 
enjoy.
                                 ______
                                 
      By Mr. DAINES (for himself and Ms. Cantwell):
  S. 949. A bill to require the Director of the Office of Personnel 
Management to create a classification that more accurately reflects the 
vital role of wildland firefighters; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 949

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Wildland Firefighter 
     Recognition Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Director'' means the Director of the Office 
     of Personnel Management;
       (2) the term ``employee'' has the meaning given the term in 
     section 2105 of title 5, United States Code;
       (3) the term ``Federal land management agency'' means--
       (A) within the Department of the Interior--
       (i) the Bureau of Land Management;
       (ii) the Bureau of Indian Affairs;
       (iii) the National Park Service; and
       (iv) the United States Fish and Wildlife Service; and
       (B) within the Department of Agriculture, the Forest 
     Service;
       (4) the term ``wildland fire''--
       (A) means any non-structure fire that occurs in vegetation 
     or natural fuels; and
       (B) includes prescribed fire and wildfire; and
       (5) the term ``wildland firefighter'' means--
       (A) an employee of a Federal land management agency, the 
     duties of whose position are primarily to perform work 
     directly related to the prevention, control, suppression, or 
     management of wildland fires, including an employee of a 
     Federal land management agency who is assigned to support 
     wildland fire activities; and
       (B) an employee of a Federal land management agency who is 
     transferred to a supervisory or administrative position from 
     a position described in subparagraph (A).

     SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

       (a) Requirements.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Director, in cooperation with the 
     Federal land management agencies, shall commence development 
     of a distinct wildland firefighter occupational series that 
     more accurately reflects the variety of duties performed by 
     wildland firefighters.
       (2) Designation.--The official title assigned to any 
     occupational series established under paragraph (1) shall 
     include the designation of ``Wildland Firefighter''.
       (3) Positions described.--Paragraph (1) shall apply with 
     respect to any class or other category of positions that 
     consists primarily or exclusively of forestry technician 
     positions, range technician positions, or any other positions 
     the duties and responsibilities of which include--
       (A) significant prevention, preparedness, control, 
     suppression, or management activities for wildland fires; or
       (B) activities necessary to meet any other emergency 
     incident to which assigned.
       (4) Consultation.--It is the sense of Congress that the 
     Director should consult with employee associations and any 
     other groups that represent wildland firefighters in carrying 
     out this subsection.
       (5) Implementation.--Not later than 2 years after the date 
     of enactment of this Act--
       (A) the Director shall complete the development of the 
     wildland firefighter occupational series required under 
     paragraph (1); and
       (B) the Secretary of the Interior and the Secretary of 
     Agriculture shall use the wildland firefighter occupational 
     series developed under paragraph (1) in the advertising and 
     hiring of a wildland firefighter.
       (b) Hazardous Duty Differential Not Affected.--Section 
     5545(d)(1) of title 5, United States Code, is amended by 
     striking ``except'' and all that follows and inserting the 
     following: ``except--
       ``(A) an employee in an occupational series covering 
     positions for which the primary duties involve the 
     prevention, control, suppression, or management of wildland 
     fires, as determined by the Office; and
       ``(B) in such other circumstances as the Office may by 
     regulation prescribe; and''.
       (c) Current Employees.--Any individual employed as a 
     wildland firefighter on the date on which the occupational 
     series established under subsection (a) takes effect may 
     elect to--
       (1) remain in the occupational series in which the 
     individual is working; or
       (2) be included in the wildland firefighter occupational 
     series established under subsection (a).
                                 ______
                                 
      By Mr. DAINES (for himself and Ms. Cantwell):
  S. 950. A bill to correct problems pertaining to human resources for 
career and volunteer personnel engaged in wildland fire and structure 
fire; to the Committee on Homeland Security and Governmental Affairs.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 950

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Wildland 
     Firefighter Fairness Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Single qualification and certification system.
Sec. 3. Personnel flexibility relating to the Robert T. Stafford 
              Disaster Relief and Emergency Assistance Act.
Sec. 4. Extension of service limits for seasonal hires.
Sec. 5. Civil service retention rights.
Sec. 6. Computation of pay.

     SEC. 2. SINGLE QUALIFICATION AND CERTIFICATION SYSTEM.

       (a) Merging 2 Systems.--The Secretary of the Interior and 
     the Secretary of Agriculture shall work with States and the 
     Workforce Development Committee of the National Wildfire 
     Coordinating Group to merge the Incident Qualification System 
     and the Incident Qualification and Certification System into 
     a single system by September 30, 2025.
       (b) Elimination of Bureau Add-On Requirements.--On and 
     after October 1, 2021, the Secretary of the Interior and the 
     Secretary of Agriculture may not require a person to 
     demonstrate additional competencies to obtain, make use of, 
     or maintain a qualification or certification for a fire 
     position, regardless of which jurisdictional agency employs 
     the person.

     SEC. 3. PERSONNEL FLEXIBILITY RELATING TO THE ROBERT T. 
                   STAFFORD DISASTER RELIEF AND EMERGENCY 
                   ASSISTANCE ACT.

       (a) Definition of Time-Limited Appointment.--Section 9601 
     of title 5, United States Code, is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) the term `time-limited appointment' includes--
       ``(A) a temporary appointment and a term appointment, as 
     defined by the Office of Personnel Management;
       ``(B) an appointment pursuant to section 306(b)(1) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5149(b)(1)); and
       ``(C) an appointment pursuant to subtitle E of title I of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12611 et seq.).''.
       (b) Competitive Service; Time-Limited Appointments.--
     Section 9602 of title 5, United States Code, is amended--
       (1) by redesignating subsections (b) through (e) as 
     subsections (d) through (g), respectively;
       (2) in subsection (a), in the matter preceding paragraph 
     (1)--
       (A) by striking ``Notwithstanding'' and inserting 
     ``Appointments to Land Management Agencies.--
     Notwithstanding''; and
       (B) by inserting ``described in section 9601(2)(A)'' after 
     ``time-limited appointment'';
       (3) by inserting after subsection (a) the following:
       ``(b) Appointments Under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act.--Notwithstanding chapter 
     33 or any other provision of law relating to the examination, 
     certification, and appointment of individuals in the 
     competitive service--
       ``(1) an employee appointed under the authority described 
     in section 9601(2)(B) and serving under a full-time, time-
     limited appointment is eligible to compete for a permanent 
     appointment in the competitive service at the Federal 
     Emergency Management Agency or any other agency (as defined 
     in section 101 of title 31) under the internal merit 
     promotion procedures of the applicable agency if--
       ``(A) the employee has served under 1 or more time-limited 
     appointments for at least 2 years without a break in service; 
     and
       ``(B) the performance of the employee has been at an 
     acceptable level of performance

[[Page 5987]]

     throughout the 1 or more time-limited appointment periods 
     referred to in subparagraph (A); and
       ``(2) an employee appointed under the authority described 
     in section 9601(2)(B) and serving under an intermittent, 
     time-limited appointment is eligible for a permanent 
     appointment in the competitive service at the Federal 
     Emergency Management Agency or any other agency (as defined 
     in section 101 of title 31) under the internal merit 
     promotion procedures of the applicable agency if--
       ``(A) the employee has served under 1 or more time-limited 
     appointments;
       ``(B) the employee has been deployed at least 522 days;
       ``(C) the employee has not declined any deployments while 
     in an `available' status; and
       ``(D) the performance of the employee has been at an 
     acceptable level of performance throughout the 1 or more 
     time-limited appointments referred to in subparagraph (A).
       ``(c) Appointments Under the National and Community Service 
     Act of 1990.--
       ``(1) Definition of employee.--Notwithstanding section 
     160(a) of the National and Community Service Act of 1990 (42 
     U.S.C. 12620(a)), in this subsection, the term `employee' 
     includes individuals appointed under subtitle E of title I of 
     that Act (42 U.S.C. 16211 et seq.).
       ``(2) Competition for permanent appointment.--
     Notwithstanding chapter 33 or any other provision of law 
     relating to the examination, certification, and appointment 
     of individuals in the competitive service, a member of the 
     National Civilian Community Corps appointed under subtitle E 
     of title I of the National and Community Service Act of 1990 
     (42 U.S.C. 12611 et seq.) who serves 2 consecutive terms is 
     eligible to compete for a permanent appointment in the 
     competitive service at the Federal Emergency Management 
     Agency or any other agency (as defined in section 101 of 
     title 31) under the internal merit promotion procedures 
     during the 2-year period beginning on the date of the 
     expiration of the appointment under section 160(a) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12620(a)), if the performance of the employee has been at an 
     acceptable level of performance throughout the period.'';
       (4) in subsection (d) (as redesignated by paragraph (1)), 
     by striking ``In determining'' and inserting ``Waiver of Age 
     Requirements.--In determining'';
       (5) in subsection (e) (as redesignated by paragraph (1)), 
     by striking ``An individual'' and inserting ``Tenure and 
     Status.--An individual'';
       (6) in subsection (f) (as redesignated by paragraph (1)), 
     in the matter preceding paragraph (1)--
       (A) by striking ``A former'' and inserting ``Former 
     Employees.--A former''; and
       (B) by inserting ``or the Federal Emergency Management 
     Agency'' after ``management agency''; and
       (7) in subsection (g) (as redesignated by paragraph (1)), 
     by striking ``The Office'' and inserting ``Regulations.--The 
     Office''.

     SEC. 4. EXTENSION OF SERVICE LIMITS FOR SEASONAL HIRES.

       (a) Definitions.--In this section--
       (1) the term ``covered Secretary'' means--
       (A) the Secretary of the Interior; and
       (B) the Secretary of Agriculture;
       (2) the term ``Director'' means the Director of the Office 
     of Personnel Management; and
       (3) the term ``pilot program'' means the pilot program 
     established under subsection (b).
       (b) Pilot Program.--The Director shall establish a pilot 
     program for seasonal or temporary Federal employees, the 
     duties of which primarily involve being a firefighter.
       (c) Expansion of Service Year Limitations.--Under the pilot 
     program, each covered Secretary may expand a service year 
     limitation to enable a seasonal firefighter to be employed 
     for a period that exceeds 1,040 hours in a given year if the 
     covered Secretary determines the expansion to be necessary to 
     stage fire crews earlier or later in a year to accommodate 
     longer fire seasons.
       (d) Standards.--The Director, in cooperation with each 
     covered Secretary, shall establish standards and guidelines 
     for the pilot program.
       (e) Report.--Not later than 2 years after the date on which 
     the pilot program is established, the Director shall submit a 
     report that describes the use and impact of the pilot program 
     to--
       (1) the Committee on Energy and Natural Resources and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (2) the Committee on Natural Resources and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       (f) Termination.--The pilot program shall terminate on the 
     date that is 5 years after the date on which the pilot 
     program is established.

     SEC. 5. CIVIL SERVICE RETENTION RIGHTS.

       Section 8151 of title 5, United States Code, is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Regulations.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered employee' means an employee who--
       ``(i) served in a position in the Forest Service or the 
     Department of the Interior as a wildland firefighter; and
       ``(ii) sustained an injury while in the performance of 
     duty, as determined by the Director of the Office of 
     Personnel Management, that prevents the employee from 
     performing the physical duties of a firefighter;
       ``(B) the term `equivalent position' includes a position 
     for a covered employee that--
       ``(i) allows the covered employee to receive the same 
     retirement benefits under subchapter III of chapter 83 or 
     chapter 84 that the covered employee would have received in 
     the former position had the covered employee not been injured 
     or disabled; and
       ``(ii) does not require the covered employee to complete 
     any more years of service than the covered employee would 
     have been required to complete to receive the benefits 
     described in clause (i) had the covered employee not been 
     injured or disabled; and
       ``(C) the term `firefighter' has the meaning given the term 
     in section 8331.
       ``(2) Regulations.--Under regulations issued by the Office 
     of Personnel Management--
       ``(A) the department or agency that was the last employer 
     shall immediately and unconditionally accord the employee, if 
     the injury or disability has been overcome within 1 year 
     after the date of commencement of compensation or from the 
     time compensable disability recurs if the recurrence begins 
     after the injured employee resumes regular full-time 
     employment with the United States, the right to resume the 
     former position of the employee or an equivalent position, as 
     well as all other attendant rights that the employee would 
     have had, or acquired, in the former position of the employee 
     had the employee not been injured or disabled, including the 
     rights to tenure, promotion, and safeguards in reductions-in-
     force procedures;
       ``(B) the department or agency that was the last employer 
     shall, if the injury or disability is overcome within a 
     period of more than 1 year after the date of commencement of 
     compensation, make all reasonable efforts to place, and 
     accord priority to placing, the employee in the former 
     position of the employee or an equivalent position within the 
     department or agency, or within any other department or 
     agency; and
       ``(C) a covered employee who was injured during the 20-year 
     period ending on the date of enactment of the Wildland 
     Firefighter Fairness Act may not receive the same retirement 
     benefits described in paragraph (1)(B)(ii) unless the covered 
     employee first makes a payment to the Forest Service or the 
     Department of the Interior, as applicable, equal to the 
     amount that would have been deducted from pay under section 
     8334 or 8442, as applicable, had the covered employee not 
     been injured or disabled.''.

     SEC. 6. COMPUTATION OF PAY.

       (a) In General.--Section 8114 of title 5, United States 
     Code, is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Overtime.--
       ``(1) Definition.--In this subsection, the term `covered 
     overtime pay' means pay received by an employee who serves in 
     a position in the Forest Service or the Department of the 
     Interior as a wildland firefighter while engaged in wildland 
     fire suppression activity.
       ``(2) Overtime.--The value of subsistence and quarters, and 
     of any other form of remuneration in kind for services if its 
     value can be estimated in money, and covered overtime pay and 
     premium pay under section 5545(c)(1) of this title are 
     included as part of the pay, but account is not taken of--
       ``(A) overtime pay;
       ``(B) additional pay or allowance authorized outside the 
     United States because of differential in cost of living or 
     other special circumstances; or
       ``(C) bonus or premium pay for extraordinary service 
     including bonus or pay for particularly hazardous service in 
     time of war.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2019.

                          ____________________